Terms Of Service

Terms of Service

Last Modified [04/16/2018]

  1. INTRODUCTION
    • Master Surgery LLC operates a website located at srubin.net (“Website”) and any corresponding mobile applications (“Application(s)”) that provide an online educational platform for medical procedures, including the display of video recordings (“Videos”) and other content (“Other Content”) depicting and annotating medical procedures (“Service”).

 

  1. ACCEPTING THESE TERMS
    • Agreement. These Terms of Service (“Agreement”) constitute a legally binding agreement between you and Master Surgery LLC (“Master Surgery”). By using the Website, Applications, or Service in any manner, you agree to be bound by the Agreement. If you do not agree to be bound by the Agreement, or any subsequent modification thereto, you must immediately discontinue the use of the Website, Applications, and the Service.
    • Changes to Agreement. Master Surgery reserves the right to change the Agreement and the Service at any time, including by adding, removing, or changing terms or features (which may advantage or disadvantage you). Master Surgery will give you reasonable notice of any material changes to the Agreement or the Service.
    • Arbitration and Remedies. This Agreement contains a mandatory arbitration of disputes provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and which also limits the remedies available to you in the event of a dispute. See Section 18 (Dispute Resolution) for full details.
    • Separate Privacy Policy. Please be aware that Master Surgery also has a separate privacy policy, which is available at mastersurgery.com/privacy-policy You agree to be bound by Master Surgery’s Privacy Policy (“Privacy Policy”), which is incorporated into this Agreement by reference.

 

  1. ELIGIBILITY TO USE WEBSITE
    • You represent that you are at least 18 years old and are legally qualified to enter into contracts. If you are using the Website on behalf of any other person or entity, you represent that you have full legal authority to act on behalf of that other person or entity and to enter into this Agreement on that person or entity’s behalf.

 

  1. MEMBERSHIP AND USER ACCOUNTS; CANCELLATION
    • Membership and Accounts. To access and use certain parts of the Service, you must register for a membership with the Service (“Membership”). In order to register for a Membership, you must create a user account (“Account”) through the Website.
    • Account Information Accuracy. In order to create an Account, you will need to provide information that personally identifies you (“Personal Information”). You represent and warrant that all Personal Information that you provide in connection with your Account and your use of the Service is current, complete, and accurate, and you agree that you will update that Personal Information as necessary to maintain its completeness and accuracy by updating your Account.
    • Cancellation of Membership. You can cancel your Membership at any time. To cancel your Membership [Insert Mechanism to Cancel Membership] or send an email to: [support@srubin.net]. Following the cancellation of your Membership, your Account will continue to have access to the Service through the end of that Account’s billing period. The information that Master Surgery retains about an Account following cancellation of a Membership is set forth in the Privacy Policy.
    • Account Security. You will also be asked to provide a username, password, and possibly other information to secure your Account. You are entirely responsible for maintaining the confidentiality and the security of this information, including your password. You may not use the username or password of any other person, nor may you share your username and password, nor may you circumvent any authentication mechanism requiring the entry of usernames, passwords, or any other information to gain unauthorized access to the Service. You agree to notify Master Surgery immediately of any unauthorized use of your Account. Master Surgery shall not be liable for any loss that you incur because of someone else using your Account, either with or without your knowledge. You may be held liable for any losses incurred by Master Surgery, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your Account.

 

  1. PAYMENTS AND AUTOMATIC MEMBERSHIP RENEWAL
    • Automatic Renewal. Your Membership will continue on a month-to-month basis, and will automatically renew each month unless and until your Membership is cancelled.
    • Automatic Monthly Billing. You authorize Master Surgery to automatically charge the payment provider you selected through the Account creation process (“Payment Method”) the monthly membership fee disclosed to you on the Website (“Membership Fee”) each month for your Account and Membership.
    • Stopping Automatic Billing. Master Surgery will charge your Payment Method the Membership Fee each month until you cancel your Membership by [Insert Mechanism to Cancel Membership] or sending an email to: [support@srubin.net]
    • Billing Cycle.Master Surgery will automatically bill your Payment Method each month on the calendar day corresponding to the date you created your Account. In the event that your Account was created on a day not contained in a given month, Master Surgery will bill your Payment Method on the first earlier business day. Master Surgery reserves the right to change the timing of its billing.
    • Authority to Use Payment Method. You represent that you are allowed to make payments using your Payment Method, and you agree to pay the charges disclosed to you through the Website, Applications, and the Service.
    • Price Changes.Master Surgery reserves the right to change pricing for the Service in any manner and at any time in its sole and absolute discretion. Any price change will take effect following notice to you.
    • No Refunds.In general, Master Surgery does not provide any refunds or credits, and all payments are non-refundable. Notwithstanding the foregoing, Master Surgery may elect to provide a refund or credit in its sole and absolute discretion when Master Surgery determines that the circumstances warrant such a refund or credit. However, the provision of a refund or credit in one instance does not entitle you to any refund or credit in the future and does not obligate Master Surgery to provide any other refund or credit to you in the future or to any other user or for any other Account.

 

  1. USER REPRESENTATIONS
    • If you use the Website, Applications, or the Service, you agree, represent, and warrant the following:
  • You will only use the Service for legitimate and intended purposes, namely educational purposes.
  • You will not share your Membership or access to your Account with any other person.
  • You will not invade any third person’s privacy in using the
  • You will comply with all applicable laws and regulations in using the Service.
  • You will be solely responsible for any claims arising out of your use of or reliance on the Videos, Other Content, Website, Applications, or Service.

 

  1. MASTER SURGERY’S LIMITED ROLE; NO MEDICAL ADVICE
    • The Service provides general information regarding medical procedures, and the Service is not intended to be a substitute for certified and accredited medical education. Nor is the Service intended to be a substitute for professional medical advice, diagnosis, or treatment; always seek the advice of a physician regarding any medical condition or health-related issue. Additionally, Master Surgery’s role with respect to the Service is limited, including but not limited the following limitations:
    • Master Surgery is not involved in performing any medical procedure depicted in any Video.
    • Master Surgery does not represent or warrant that any medical procedure depicted in any Video or in any Other Content is the best, most effective, or most efficient way to perform any medical process or achieve any medical result.
    • By providing the Service, Master Surgery is not recommending, endorsing, or promoting any medical process, prescription drug product, method, procedure, or result.
    • By providing the Service, Master Surgery is not recommending, endorsing, or promoting any physician, other medical professional, business, or medical institution.
    • While the Service provides educational Videos and Other Content regarding medical procedures, you should not construe the Website, Applications, Videos, Other Content, or THE Service as providing you with medical advice, opinions, or diagnoses in any way or form whatsoever.
    • You alone are solely responsible for evaluating the merits and risks associated with the Videos and Other Content and the processes and procedures depicted or described in Videos and Other Content.
    • Master Surgery does not warrant or guarantee any results from your use of or reliance on any the Videos or Other Content.
    • The Videos and Other Content may become out-of-date or unreliable for a variety of reasons; Master Surgery has no obligation and will not necessarily update any Videos or Other Content to reflect such changes.

 

  1. LICENSE
    • Subject to your compliance with this Agreement, Master Surgery grants you a non-exclusive, non-sub-licensable, revocable as stated in this Agreement, non-transferable license to access the Website and Applications and to use the Service. No part of the Service, including the Website, Applications, Videos, and Other Content, may be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without Master Surgery’s prior express written consent. All rights not expressly granted in this Agreement are reserved by Master Surgery. Without limitation, this Agreement grants you no rights to Master Surgery’s intellectual property or those of any other party, except as expressly stated in this Agreement.

 

  1. NO RELIANCE ON THIRD-PARTY CONTENT
    • Opinions, advice, statements, or other information made available on the Website and Applications or through the Service, in any Videos or otherwise, by other users or third parties, are those of their respective authors and should not necessarily be relied upon. Solely those authors are responsible for their respective content. Master Surgery does not (a) guarantee the accuracy, completeness, or usefulness of any third-party information accessible on or through the Website, Applications, Videos, Other Content, or the Service; or (b) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by a third party through the Website, Applications, Videos, Other Content, or the Service. Under no circumstances will Master Surgery be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website, Applications, or through the Service that is transmitted to or by any third party.

 

  1. THIRD-PARTY WEBSITES
    • The Website may be linked with the websites of third parties (“Third-Party Websites”), some of which may have established relationships with Master Surgery and some of which may not. Master Surgery does not have control over the content and performance of Third-Party Websites. Master Surgery has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on Third-Party Websites. Accordingly, Master Surgery does not represent, warrant, or endorse any Third-Party Websites, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third-Party Websites. Master Surgery disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third-Party Websites.

 

  1. OBJECTIONABLE AND UNSUITABLE CONTENT
    • Objectionable Content. You agree that you shall not use the Website, Applications, or the Service to upload, post, transmit, display, perform, or distribute any content, information, or materials that: (a) is libelous, defamatory, abusive, threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, or pornographic; (b) constitutes child pornography; (c) solicits personal information from or exploit in a sexual or violent manner anyone under the age of 18; (d) incites, encourages, or threatens physical harm against another; (e) promotes or glorifies racial intolerance, use hateful and/or racist terms, or signify hate toward any person or group of people; (f) glamorizes the use of illegal substances and/or drugs; (g) violates any provision of this Agreement or Master Surgery’s Privacy Policy; (h) discloses another’s personal, confidential, or proprietary information; (i) is false or fraudulent; (j) contains images or videos of individuals captured or posted without their consent; or (k) is generally offensive, rude, mean-spirited, or in bad taste, as determined by Master Surgery in its sole discretion (collectively, “Objectionable Content”). Master Surgery, in its sole discretion, may delete any Objectionable Content from its servers. Master Surgery intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.

 

  1. PROHIBITED USES
    • Master Surgery imposes certain restrictions on your use of the Website, Applications, and the Service. The following acts are expressly prohibited:
      • Contacting any person through the Service who has requested not to be contacted;
      • Providing false, misleading, or inaccurate information to Master Surgery or to any other person in connection with the Website, Applications, or the Service;
      • Impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity;
      • Harvesting or otherwise collecting information about users of the Service, including email addresses and phone numbers;
      • Without express written permission from Master Surgery, using or attempting to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website, Applications, or the Service for any use;
      • Accessing content or data not intended for you, or logging into a Master Surgery server or Account that you are not authorized to access;
      • Attempting to probe, scan, or test the vulnerability of the Website, Applications, or the Service, or any associated system or network, or breaching security or authentication measures without proper authorization;
      • Interfering or attempting to interfere with the use of the Website, Applications, or the Service by any other user, computer, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities;
      • Using the Website, Applications, or the Service to send unsolicited email including, without limitation, promotions or advertisements for products or services;
      • Forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Website, the Applications, or the Service (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers); and
      • Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Website, Applications, or the Service, including without limitation any fraudulent effort to modify software or any other technological mechanism for measuring the number of impressions generated by individual content and/or the overall Website and Service to determine and/or audit advertising revenues and payments, if applicable.

 

  1. INTELLECTUAL PROPERTY
    • Compliance with Law. You represent and warrant that, when using the Website, Applications, and the Service, you will obey all applicable laws and respect the intellectual property rights of others. Your use of the Website, Applications, and the Service is at all times governed by and subject to copyright and other intellectual property laws. You agree not to upload, post, transmit, display, perform, or distribute any content, information, or other materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.
    • Trademarks. Master Surgery and the Master Surgery logo (collectively, the “Master Surgery Marks”) are trademarks of Master Surgery. Other trademarks, service marks, graphics, logos, and domain names appearing anywhere on, through, or in connection with the Website, Applications, and the Service may be the trademarks of third parties. Neither your use of the Website, Applications, or the Service nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Master Surgery Marks or any third-party trademarks, service marks, graphics, logos, or domain names. You agree that any goodwill in the Master Surgery Marks generated as a result of your use of the Website, Applications, or the Service will inure to the benefit of Master Surgery, and you agree to assign, and do assign, all such goodwill to Master Surgery. You shall not at any time, nor shall you assist others to, challenge Master Surgery’s right, title, or interest in, or the validity of, the Master Surgery
    • Copyrighted Materials; Copyright Notice. Except as noted in this Section, all content and other materials available on the Website and the Applications are either owned by Master Surgery or are the property of its licensors and suppliers and are protected by copyright laws. Except as explicitly provided, neither your use of the Website, Applications, or the Service nor this Agreement grant you any right, title, or interest in any such materials.
    • DMCA Policy. As Master Surgery asks others to respect its intellectual property rights, Master Surgery respects the intellectual property rights of others. Master Surgery follows the notice and takedown procedures in the Digital Millennium Copyright Act, 17 U.S.C. Section 512, et seq. (“DMCA”). Infringement Notices should be sent to support@srubin.net with the subject line “DMCA Notice: (The Claims APP LLC).” Master Surgery will respond to all DMCA-compliant Infringement Notices, including, as required or appropriate, by removing the offending material or disabling all links to the offending material.

 

  1. CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS
    • Consent to Receive Electronic Communications From Master Surgery. You expressly consent to receive electronic and other communications from Master Surgery, over the short term and periodically, including email communications. You may opt out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication, or by sending an email to support@mastersurgery.com. You agree that these electronic communications satisfy any legal requirements that communications or notices to you be in writing.

 

  1. ASSUMPTION OF RISK
    • You knowingly and freely assume all risk when using the Website, Applications, Videos, Other Content and the Service. You, on behalf of yourself, any entity you represent, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Master Surgery and its principals, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns (collectively, “Company Parties”) from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the Website, Applications, Videos, Other Content, or the Service.

 

  1. DISCLAIMERS; LIMITATION OF LIABILITY
    • No Warranties. Master Surgery, on behalf of itself and its licensors and suppliers, expressly disclaims any and all warranties, express or implied, regarding the Website, Applications, Videos, Other Content, and the Service, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. Neither Master Surgery nor its licensors or suppliers warrants that the Service will meet your requirements, or that the operation of the Service will be uninterrupted or error-free. Master Surgery disclaims all implied liability for damages arising out of the furnishing of the Website, Applications, Videos, Other Content, and the Service pursuant to this Agreement, including without limitation, mistakes, omissions, interruptions, delays, tortious conduct, errors, representations, or other defects arising out of the failure to the furnish the Service, whether caused by acts of commission or omission, or any other damage occurring. Master Surgery shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including without limitation damages for lost profits or lost revenues), whether caused by the acts or omissions of Master Surgery, Company Parties, or their agents or representatives.
    • Limitation of Liability. In no event shall Master Surgery or its licensors or suppliers be liable to you for any claims arising from your use of the Website, Applications, Videos, Other Content, and the Service, including without limitation for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to Master Surgery or its licensors and suppliers arising out of or in connection with your use of the Website, Applications, Videos, Other Content, and the Service. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between Master Surgery and you. The Website, Applications, Videos, Other Content, and the Service would not be provided without such limitations.
    • Application of Disclaimers. The above disclaimers, waivers, and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and Master Surgery or between you and any of Master Surgery’s licensors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. Master Surgery’s licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Website or the Service or otherwise, shall alter any of the disclaimers or limitations stated in this Section.

 

  1. INDEMNITY BY YOU
    • You (the “Indemnitor”) agree to defend, indemnify, and hold harmless Master Surgery and the Company Parties (collectively, the “Indemnitees”) from and against any and all Claims (as defined in Section 18 (Dispute Resolution)) arising out of or relating to: (i) the relationship between you and Master Surgery, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (iii) your access to or use of the Website, Applications, Videos, Other Content, or the Service; (iv) your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; (v) your invasion or alleged invasion of privacy of any third party arising from your use of the Service; or (vi) your violation or alleged violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.
    • Your indemnification duties under this Section shall include, but not be limited to, your payment of legal costs and fees incurred by Master Surgery, and your provision of the sole and exclusive control of the defense of any action to Master Surgery, including the choice of legal counsel and all related settlement negotiations.
    • The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned Company Parties.

 

  1. DISPUTE RESOLUTION
    • Additional Definitions for Dispute Resolution.
      • “AAA” means the American Arbitration Association.
      • “Claim” means any claim, action, demand, cause of action, and/or other proceeding arising out of or relating to: (i) the relationship between you and Master Surgery, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (iii) your access to or use of the Website, Applications, Videos, Other Content, or the Service; (iv) your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; (v) your invasion or alleged invasion of privacy of any third party arising from your use of the Service; or (vi) your violation or alleged violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.
      • “Court of Competent Jurisdiction” means any federal or state court that has jurisdiction over the subject matter, and that is located in the State of Louisiana.
      • “Lawsuit” means a legal proceeding against a party related to this Agreement.
    • Binding Arbitration. Any Claim shall be settled by arbitration administered by the AAA in accordance with its Commercial Arbitration Rules, which are available at the AAA website, https://www.adr.org/aaa/faces/rules, or by calling the AAA at 1-800-778-7879. Judgment on the arbitrator’s award may be entered in any Court of Competent Jurisdiction. Claims shall be heard by a single arbitrator. The place of arbitration shall be Louisisan. Hearings will take place pursuant to the standard procedures of the Commercial Arbitration Rules that contemplate in-person hearings. The prevailing party shall be entitled to an award of reasonable attorney’s fees. The award of the arbitrator shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties. Your rights will be determined by a neutral arbitrator, and not by a judge or jury, and the arbitrator shall determine all issues regarding the arbitrability of the Claims. The one exception to this exclusivity of arbitration is that you have the right to bring an individual Claim against Master Surgery in a small claims Court of Competent Jurisdiction. All legal proceedings, whether in arbitration or small claims court, shall be governed by the laws of Louisiana. You are responsible for paying your portion of the fees set forth in the AAA’s fee schedule for any arbitration, and Master Surgery will pay all remaining fees; however, if your Claim is for less than $1,000, Master Surgery will pay all fees. If you believe that you cannot afford the AAA’s fee, you may apply to the AAA for a fee waiver.
    • No Joinder of Claims. You and Master Surgery agree that any arbitration (or small claims action) shall be limited to each Claim, individually. YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any Claims between you and Master Surgery (except for matters that may be taken to small claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. You and Master Surgery agree that each may bring Claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. If this specific provision is found to be unenforceable by a Court of Competent Jurisdiction, the Claim will still be finally and exclusively resolved by binding arbitration upon the election of either party. Any election to arbitrate by one party shall be final and binding on the other. No arbitration shall be joined with any other arbitration. There is no right for any Claim to be arbitrated on a class-action basis or to employ class action procedures. There is no right of authority for any Claim to be brought in a purported representative capacity on behalf of either the general public or any other individuals.
    • Judicial Remedies in Aid of Arbitration or Equitable Relief. As an exception to Section 18.2 (Binding Arbitration), any party may seek, in a Court of Competent Jurisdiction, provisional remedies in aid of arbitration (including orders to stay a court action, to compel arbitration, or to confirm an arbitral award) or equitable relief (including a temporary restraining order, preliminary injunction, or other interim or conservatory relief).

 

  1. TERMINATION
    • By Master Surgery. Without limiting any other provision of this Agreement, Master Surgery reserves the right to, in its sole discretion and without notice or liability, terminate this Agreement and deny use of the Website, Applications, or the Service to any person for any reason or for no reason at all, including without limitation for any breach or suspected breach of any representation, warranty, or covenant contained in this Agreement, or of any applicable law or regulation.
    • By You. You may terminate this Agreement and your rights under it at any time, for any or no reason at all, by cancelling your Account in the manner described in Section 4.3 and ceasing to use the Website, Applications, and the Service.
    • Effect of Termination. Any termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use or view the Website, Applications, Videos, Other Content, or the Service.
    • Survival. Upon termination, all rights and obligations created by this Agreement will terminate, except that the following Sections will survive any termination of this Agreement: Section 2 (Accepting These Terms); 4.3 (Cancellation of Accounts); 5 (Payments and Automatic Membership Renewal); 6 (User Representations); 7 (Master Surgery’s Limited Role), 8 (License); 9 (No Reliance on Third-Party Content); 10 (Third-Party Websites); 13 (Intellectual Property); 14 (Consent to Receive Electronic Communications); 15 (Assumption of Risk); 16 (Disclaimers; Limitation of Liability); 17 (Indemnity by You); 18 (Dispute Resolution); 19 (Termination); 20 (Notices); and 21 (General).

 

  1. NOTICES
    • All notices required or permitted to be given under this Agreement must be in writing.
    • Master Surgery shall give any notice by email sent to the most recent email address provided for your Account. You agree that any notice received from Master Surgery electronically satisfies any legal requirement that such notice be in writing. You bear the sole responsibility of ensuring that your email address as identified in your Account is accurate and current. Notice to you shall be deemed effective upon the sending by Master Surgery of an email to that address.
    • You shall give any notice to Master Surgery by email to support@mastersurgery.com.

 

  1. GENERAL
    • Entire Agreement. This Agreement constitutes the entire agreement between Master Surgery and you concerning your use of the Website and the Service.
    • Partial Invalidity. Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, that decision shall not affect the validity of any remaining portion of this Agreement, which shall remain in full effect, and the parties acknowledge and agree that they would have executed the remaining portion without including the part so declared by a Court of Competent Jurisdiction to be invalid, void, or unenforceable.
    • Amendments. This Agreement may be modified only by a written amendment signed by an authorized executive of Master Surgery or by the unilateral amendment of this Agreement by Master Surgery, along with the posting by Master Surgery of that amended version.
    • No Waiver. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.
    • Assignment. This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of Master Surgery. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.
    • No Agency. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement between you and Master Surgery.
    • No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement, except as expressly identified herein.
    • Interpretation. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
    • Headings. The headings in this Agreement are for convenience only and shall have no legal or contractual effect.

 

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